18 U.S.C. § 4241 : US Code - Section 4241: Determination of mental competency to stand trial

Search 18 U.S.C. § 4241 : US Code - Section 4241: Determination of mental competency to stand trial

(a) Motion To Determine Competency of Defendant. - At any time
after the commencement of a prosecution for an offense and prior to
the sentencing of the defendant, the defendant or the attorney for
the Government may file a motion for a hearing to determine the
mental competency of the defendant. The court shall grant the
motion, or shall order such a hearing on its own motion, if there
is reasonable cause to believe that the defendant may presently be
suffering from a mental disease or defect rendering him mentally
incompetent to the extent that he is unable to understand the
nature and consequences of the proceedings against him or to assist
properly in his defense.
(b) Psychiatric or Psychological Examination and Report. - Prior
to the date of the hearing, the court may order that a psychiatric
or psychological examination of the defendant be conducted, and
that a psychiatric or psychological report be filed with the court,
pursuant to the provisions of section 4247(b) and (c).
(c) Hearing. - The hearing shall be conducted pursuant to the
provisions of section 4247(d).
(d) Determination and Disposition. - If, after the hearing, the
court finds by a preponderance of the evidence that the defendant
is presently suffering from a mental disease or defect rendering
him mentally incompetent to the extent that he is unable to
understand the nature and consequences of the proceedings against
him or to assist properly in his defense, the court shall commit
the defendant to the custody of the Attorney General. The Attorney
General shall hospitalize the defendant for treatment in a suitable
facility -
(1) for such a reasonable period of time, not to exceed four
months, as is necessary to determine whether there is a
substantial probability that in the foreseeable future he will
attain the capacity to permit the trial to proceed; and
(2) for an additional reasonable period of time until -
(A) his mental condition is so improved that trial may
proceed, if the court finds that there is a substantial
probability that within such additional period of time he will
attain the capacity to permit the trial to proceed; or
(B) the pending charges against him are disposed of according
to law;
whichever is earlier.
If, at the end of the time period specified, it is determined that
the defendant's mental condition has not so improved as to permit
the trial to proceed, the defendant is subject to the provisions of
section 4246.
(e) Discharge. - When the director of the facility in which a
defendant is hospitalized pursuant to subsection (d) determines
that the defendant has recovered to such an extent that he is able
to understand the nature and consequences of the proceedings
against him and to assist properly in his defense, he shall
promptly file a certificate to that effect with the clerk of the
court that ordered the commitment. The clerk shall send a copy of
the certificate to the defendant's counsel and to the attorney for
the Government. The court shall hold a hearing, conducted pursuant
to the provisions of section 4247(d), to determine the competency
of the defendant. If, after the hearing, the court finds by a
preponderance of the evidence that the defendant has recovered to
such an extent that he is able to understand the nature and
consequences of the proceedings against him and to assist properly
in his defense, the court shall order his immediate discharge from
the facility in which he is hospitalized and shall set the date for
trial. Upon discharge, the defendant is subject to the provisions
of chapter 207.
(f) Admissibility of Finding of Competency. - A finding by the
court that the defendant is mentally competent to stand trial shall
not prejudice the defendant in raising the issue of his insanity as
a defense to the offense charged, and shall not be admissible as
evidence in a trial for the offense charged.